Representative Matters
Recent representative engagements at Moses Singer include:
- Represent individual client in connection with SEC investigation and two customer FINRA arbitrations.
- Represent Insurance and Reinsurance company with respect to a representation and warranty insurance coverage claim in arbitration with the AAA.
- Represent Insurance and Reinsurance with respect to a fraud claim arising from the acquisition of another insurance company in NY State Court.
- Represent private equity firm in connection with a Representations and Warranties Insurance Policy Claims in a AAA arbitration. Seeking $15 million. Represent same client in a fraud action against the Seller’s of a company in Delaware State Court.
- Represent the Board of Directors of a global storage and shipping conglomerate in connection with an internal investigation arising out of a whistleblower complaint into accounting practices.
- Represent a South American agriculture technology company in NY State litigation involving alleged loan defaults and fraud.
Prior to joining Moses Singer
Representative securities litigation matters include:
- Representation of a major financial institution in consolidated putative class actions pending in the Southern District of New York alleging violations of the Trust Indenture Act and breaches of contract arising from the institution’s role as Indenture Trustee for dozens of RMBS transactions.
- Representation of SMART Technologies Inc. and its officers and directors in cross-border (U.S. and Canada) putative class actions filed in the Southern District of New York alleging violations of the securities laws arising from the company’s initial public offering. (Motions to dismiss granted in part in 2012 and Class Certification modified and narrowed in 2013.)
- Representation of Deutsche Bank affiliates and individuals in a putative class action alleging violations of the Securities Exchange Act of 1934 in connection with closed-end investment funds.
- Representation of a Beijing-based Chinese life insurance company and its officers and directors in a shareholder class action lawsuit brought in the United States District Court for the Southern District of New York asserting claims under Sections 10(b) and 20(a) of the Exchange Act. Plaintiffs alleged that the company made misleading representations and omissions in connection with its IPO on the New York Stock Exchange in late 2003.
- Representation of a Canadian manufacturing conglomerate, two of its U.S.-based affiliates and their officers in a shareholder class action lawsuit brought in the United States District Court for the Southern District of New York asserting claims under Sections 10(b) and 20(a) of the Exchange Act. Plaintiffs alleged that the defendants made misleading representations and omissions in connection with their offering of seven series of asset-backed securities.
- Representation of eight financial institutions in a shareholder class action lawsuit brought in the United States District Court for the Northern District of Oklahoma asserting claims under Sections 11 and 12(a)(2) of the Securities Act. Plaintiffs alleged that the financial institutions, each of which acted as underwriters for securities issued by The Williams Companies, were liable for misleading misrepresentations and omissions made by the issuer in connection with debt, equity, and equity-linked securities offerings.
- Representation of a financial institution in a shareholder class action lawsuit brought in the United States District Court for the Southern District of New York asserting claims under Section 11 of the Securities Act. Plaintiffs alleged that the financial institution made misleading misrepresentations and omissions in connection with the issuance of equity-linked notes listed on the American Stock Exchange and linked to the performance of the common stock of WorldCom.
- Representation of a financial institution in a shareholder class action lawsuit brought in the United States District Court for the Western District of Texas asserting claims under Section 10(b) of the Exchange Act and Sections 11 and 12(a)(2) of the Securities Act. Plaintiffs alleged that the financial institution, which acted as an underwriter in connection with securities issued by Enron Corporation and affiliated entities, was liable for misleading representations and omissions in connection with certain public debt offerings.
Representative government and internal investigation matters include:
- Representation of a major international investment bank in SEC, DOJ, FINRA, state attorneys general and other multi-year investigations into the creation and underwriting of mortgage-backed securities during the Financial Crisis.
- Representation of eight different hedge fund advisers in SEC investigations over alleged insider trading through expert networks, the spreading of false market rumors and the short selling of securities tied to financial institutions.
- Represented a major international investment bank in connection with internal and FERC investigations into alleged manipulation of the market for natural gas futures and swaps.
- Represented a Fortune 100 company before the DOJ and the SEC in connection with the assessment and enhancement of the company’s corporate FCPA compliance program and led in-country reviews of subsidiaries in Brazil and Venezuela.
- Represented a leading pharmaceutical company before the DOJ and the SEC in connection with the post-acquisition due diligence review of an acquired company’s operations, and conducted FCPA and fraud investigations, in Indonesia and the Philippines.
- Represented an international pharmaceutical company in an internal investigation into potential FCPA violations in Vietnam.
- Represented China Life Insurance Company in an SEC investigation regarding disclosure and reporting issues.
Representative complex commercial and contractual matters include:
- Representation of a major financial institution in an expedited litigation and bench trial in the Southern District of New York involving a dispute over an issuer’s rights to redeem publicly-traded corporate bonds from investors.
- Representation of an Independent Fiduciary in a breach of contract matter pending in the Delaware Chancery Court involving the exercise price of a call option in the shares of an automotive manufacturer.
- Representation of a Korean manufacturing conglomerate, its affiliated companies and one of its officers in defense of a lawsuit brought in the United States District Court for the District of New Jersey asserting violations of the RICO statute, patent infringement and various New Jersey state law claims arising out of the alleged theft of confidential trade information.
- Representation of a REIT in actions brought in New York state and federal courts to enforce the terms of a commercial mezzanine loan agreement and guaranty for a hotel property located in Miami Beach.
- Counseling numerous REITs and financial services firms on a wide range of issues relating to distressed real estate assets throughout the United States.
- Representation of a commercial mortgage lender in prosecuting lawsuits brought in the United States District Court for the Southern District of New York and New York state court to enforce the terms of the commercial mortgage loan agreement and Ground Lease for 1 and 2 World Trade Center regarding the use of business interruption insurance proceeds.
- Representation of a commercial mortgage lender in prosecuting a lawsuit brought in the United States District Court for the District of Minnesota to enforce the terms of the commercial mortgage loan agreement for the Mall of America regarding the right of debtor to transfer ownership.
- Representation of a commercial mortgage lender in defense of lawsuits brought in New York state court by debtors regarding the obligation to purchase terrorism insurance under the terms of the commercial mortgage loan agreements for properties located at 245 Park Avenue and 380 Madison Avenue.
